Alexander Fanta

Dear European Central Bank,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- Any exchange, such as an e-mail, letter, text message, etc., between ECB Supervisory Board member Helmut Ettl and other people within the ECB regarding the Signa real estate conglomerate. The existence of such correspondence was implied in this news report by Austrian public broadcaster ORF: https://orf.at/stories/3356649/

- Any exchanges between the ECB and external stakeholders, such as members of Signa's board, regarding Signa's financial situation. This is meant to cover any exchange since September 1, 2022.

Yours faithfully,

Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles

Alexander Fanta

Dear European Central Bank,

can you confirm the receipt of my message regarding Signa?

Yours faithfully,

Alexander Fanta

Access to documents,

Dear Mr Fanta,

 

Apologies for the delay in confirming receipt of your email.

 

Thank you for your request dated 7 May 2024 which we received on 8 May
2024.,

 

We will assess it and get back to you in due course.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[1][email address]

 

Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law (Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.

You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([email address]) or the ECB’s Data Protection Officer ([email
address]).Furthermore, you have the right to address the European Data
Protection Supervisor ([2]www.edps.europa.eu) any time regarding this
processing of your personal data.

 

 

 

 

________________________________________

From: Alexander Fanta

Sent: Tuesday, 14 May 2024 20:48:12 (UTC+01:00) Amsterdam, Berlin, Bern,
Rome, Stockholm, Vienna

To: [3][email address]

Subject: [EXT] Re: access to documents request - Exchanges regarding Signa

 

Dear European Central Bank,

 

can you confirm the receipt of my message regarding Signa?

 

Yours faithfully,

 

Alexander Fanta

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[4][FOI #14540 email]

 

This message and all replies from European Central Bank will be published
on the AsktheEU.org website. For more information see our dedicated page
for EU public officials at [5]https://www.asktheeu.org/en/help/officers

 

Please note that in some cases publication of requests and responses will
be delayed.

 

-------------------------------------------------------------------

Any e-mail message from the European Central Bank (ECB) is sent in good
faith, but shall neither be binding nor construed as constituting a
commitment by the ECB except where provided for in a written agreement.
This e-mail is intended only for the use of the recipient(s) named above.
Any unauthorised disclosure, use or dissemination, either in whole or in
part, is prohibited. If you have received this e-mail in error, please
notify the sender immediately via e-mail and delete this e-mail from your
system. The ECB processes personal data in line with Regulation (EU)
2018/1725. In case of queries, please contact the ECB Data Protection
Officer ([email address]). You may also contact the European Data
Protection Supervisor.

References

Visible links
1. mailto:[email address]
2. http://www.edps.europa.eu/
3. mailto:[email address]
4. mailto:[FOI #14540 email]
5. https://www.asktheeu.org/en/help/officers

Access to documents,

Dear Mr Fanta,

 

We refer to your request of 7 May 2024, which we received on 8 May 2024,
for access to European Central Bank (ECB) documents.

We regret to inform you that due to the increased workload created by a
high number of simultaneous requests and to the need to involve a number
of business areas, as well as given the scope covered by your request, the
ECB has not yet been able to conclude its internal assessment of the
documents.

 

In accordance with Article 7(3) of [1]Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.

We apologise for the inconvenience this delay may cause.

 

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[2][email address]

 

 

From: Access to documents <[email address]>
Sent: Wednesday, May 15, 2024 10:18 AM
To: [FOI #14540 email]
Cc: Access to documents <[email address]>
Subject: Acknowledgement of receipt: access to documents request -
Exchanges regarding Signa

 

Dear Mr Fanta,

 

Apologies for the delay in confirming receipt of your email.

 

Thank you for your request dated 7 May 2024 which we received on 8 May
2024.,

 

We will assess it and get back to you in due course.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[3][email address]

 

Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law (Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.

You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([email address]) or the ECB’s Data Protection Officer ([email
address]).Furthermore, you have the right to address the European Data
Protection Supervisor ([4]www.edps.europa.eu) any time regarding this
processing of your personal data.

 

 

 

 

________________________________________

From: Alexander Fanta

Sent: Tuesday, 14 May 2024 20:48:12 (UTC+01:00) Amsterdam, Berlin, Bern,
Rome, Stockholm, Vienna

To: [5][email address]

Subject: [EXT] Re: access to documents request - Exchanges regarding Signa

 

Dear European Central Bank,

 

can you confirm the receipt of my message regarding Signa?

 

Yours faithfully,

 

Alexander Fanta

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #14540 email]

 

This message and all replies from European Central Bank will be published
on the AsktheEU.org website. For more information see our dedicated page
for EU public officials at [7]https://www.asktheeu.org/en/help/officers

 

Please note that in some cases publication of requests and responses will
be delayed.

 

-------------------------------------------------------------------

Any e-mail message from the European Central Bank (ECB) is sent in good
faith, but shall neither be binding nor construed as constituting a
commitment by the ECB except where provided for in a written agreement.
This e-mail is intended only for the use of the recipient(s) named above.
Any unauthorised disclosure, use or dissemination, either in whole or in
part, is prohibited. If you have received this e-mail in error, please
notify the sender immediately via e-mail and delete this e-mail from your
system. The ECB processes personal data in line with Regulation (EU)
2018/1725. In case of queries, please contact the ECB Data Protection
Officer ([email address]). You may also contact the European Data
Protection Supervisor.

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.edps.europa.eu/
5. mailto:[email address]
6. mailto:[FOI #14540 email]
7. https://www.asktheeu.org/en/help/officers

Access to documents,

1 Attachment

  • Attachment

    2024 07 04 LS PS 2024 67 Reply to your request for public access to ECB documents.pdf

    141K Download View as HTML

Dear Mr Fanta,

 

Please find attached the ECB’s reply to your request of 7 May 2024 for
access to ECB documents.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[1][email address]

 

 

 

From: Access to documents <[2][email address]>
Sent: Monday, June 10, 2024 12:10 PM
To: [3][FOI #14540 email]
Cc: Access to documents <[4][email address]>
Subject: Extension of deadline - access to documents request - Exchanges
regarding Signa

 

Dear Mr Fanta,

 

We refer to your request of 7 May 2024, which we received on 8 May 2024,
for access to European Central Bank (ECB) documents.

We regret to inform you that due to the increased workload created by a
high number of simultaneous requests and to the need to involve a number
of business areas, as well as given the scope covered by your request, the
ECB has not yet been able to conclude its internal assessment of the
documents.

 

In accordance with Article 7(3) of [5]Decision ECB/2004/3, the ECB has
decided to extend the time limit for responding to your application by 20
working days.

We apologise for the inconvenience this delay may cause.

 

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[6][email address]

 

 

From: Access to documents <[7][email address]>
Sent: Wednesday, May 15, 2024 10:18 AM
To: [8][FOI #14540 email]
Cc: Access to documents <[9][email address]>
Subject: Acknowledgement of receipt: access to documents request -
Exchanges regarding Signa

 

Dear Mr Fanta,

 

Apologies for the delay in confirming receipt of your email.

 

Thank you for your request dated 7 May 2024 which we received on 8 May
2024.,

 

We will assess it and get back to you in due course.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[10][email address]

 

Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law (Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.

You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([email address]) or the ECB’s Data Protection Officer ([email
address]).Furthermore, you have the right to address the European Data
Protection Supervisor ([11]www.edps.europa.eu) any time regarding this
processing of your personal data.

 

 

 

 

________________________________________

From: Alexander Fanta

Sent: Tuesday, 14 May 2024 20:48:12 (UTC+01:00) Amsterdam, Berlin, Bern,
Rome, Stockholm, Vienna

To: [12][email address]

Subject: [EXT] Re: access to documents request - Exchanges regarding Signa

 

Dear European Central Bank,

 

can you confirm the receipt of my message regarding Signa?

 

Yours faithfully,

 

Alexander Fanta

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[13][FOI #14540 email]

 

This message and all replies from European Central Bank will be published
on the AsktheEU.org website. For more information see our dedicated page
for EU public officials at [14]https://www.asktheeu.org/en/help/officers

 

Please note that in some cases publication of requests and responses will
be delayed.

 

-------------------------------------------------------------------

Any e-mail message from the European Central Bank (ECB) is sent in good
faith, but shall neither be binding nor construed as constituting a
commitment by the ECB except where provided for in a written agreement.
This e-mail is intended only for the use of the recipient(s) named above.
Any unauthorised disclosure, use or dissemination, either in whole or in
part, is prohibited. If you have received this e-mail in error, please
notify the sender immediately via e-mail and delete this e-mail from your
system. The ECB processes personal data in line with Regulation (EU)
2018/1725. In case of queries, please contact the ECB Data Protection
Officer ([email address]). You may also contact the European Data
Protection Supervisor.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[FOI #14540 email]
4. mailto:[email address]
5. https://eur-lex.europa.eu/legal-content/...
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[FOI #14540 email]
9. mailto:[email address]
10. mailto:[email address]
11. http://www.edps.europa.eu/
12. mailto:[email address]
13. mailto:[FOI #14540 email]
14. https://www.asktheeu.org/en/help/officers

Dear European Central Bank,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Exchanges regarding Signa'. The reply I received stated that no documents matching my description were found. However, I would like to clarify my initial request and ask to look again for any documents matching it.

In this context, I would like to point to a press conference given by Helmut Ettl at the Austrian Financial Markets Authority on May 14, 2024, in which he stated that former Austrian Chancellor Alfred Gusenbauer sent him an e-mail about Signa's financial situation. According to Ettl, he forwarded this e-mail to the ECB. An account of this press conference my be found here: https://www.diepresse.com/18462109/aufsi...

I would like to ask the ECB to confirm whether it really holds no such e-mail.

Yours faithfully,

Alexander Fanta

Access to documents,

Dear Mr. Fanta,

Thank you for your email dated 5 July 2024, in which you clarify your initial request and ask the ECB to search again for any documents matching the scope.

Whereas we restate that no documents were identified as falling within the description of your initial request, we note that your clarifications broadened the scope of your initial application.

Therefore, in accordance with the principle of good administration, we are glad to inform you that we will perform a new search in the light of the clarifications provided. A new request for public access to European Central Bank (ECB) documents has been registered on your behalf and a reply will be provided to you in line with Article 8 of Decision ECB/2004/3 of the European Central Bank.

Finally, please be informed that due to the high workload and the need to ensure equal treatment of applicants, your additional request submitted via email on 5 July 2024 shall be processed once the current one is defined.

Yours sincerely,
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[email address]
________________________________________
From: Alexander Fanta
Sent: Friday, 05 July 2024 09:48:59 (UTC+01:00) Amsterdam, Berlin, Bern, Rome, Stockholm, Vienna
To: [email address]
Subject: [EXT] Internal review of access to documents request - Exchanges regarding Signa

Dear European Central Bank,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Exchanges regarding Signa'. The reply I received stated that no documents matching my description were found. However, I would like to clarify my initial request and ask to look again for any documents matching it.

In this context, I would like to point to a press conference given by Helmut Ettl at the Austrian Financial Markets Authority on May 14, 2024, in which he stated that former Austrian Chancellor Alfred Gusenbauer sent him an e-mail about Signa's financial situation. According to Ettl, he forwarded this e-mail to the ECB. An account of this press conference my be found here: https://www.diepresse.com/18462109/aufsi...

I would like to ask the ECB to confirm whether it really holds no such e-mail.

Yours faithfully,

Alexander Fanta

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #14540 email]

This message and all replies from European Central Bank will be published on the AsktheEU.org website. For more information see our dedicated page for EU public officials at https://www.asktheeu.org/en/help/officers

Please note that in some cases publication of requests and responses will be delayed.

-------------------------------------------------------------------
Any e-mail message from the European Central Bank (ECB) is sent in good faith, but shall neither be binding nor construed as constituting a commitment by the ECB except where provided for in a written agreement. This e-mail is intended only for the use of the recipient(s) named above. Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this e-mail in error, please notify the sender immediately via e-mail and delete this e-mail from your system. The ECB processes personal data in line with Regulation (EU) 2018/1725. In case of queries, please contact the ECB Data Protection Officer ([email address]). You may also contact the European Data Protection Supervisor.

Access to documents,

3 Attachments

Dear Mr Fanta,

 

Please find attached the ECB’s reply to your request of 5 July 2024 for
access to ECB documents.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[1][email address]

 

 

 

show quoted sections

Dear Compliance and Governance Office,

I wish to file a confirmatory application in regard to my access to documents request concerning an email from the Head of the Supervisory Board of Signa Prime Selection AG, forwarded by a member of ECB’s Supervisory Board to the ECB.

In the ECB's reply dated August 2, 2024, it argued that full disclosure of the two e-mails would undermine the confidentiality of protected information, supervision policy, the inspection itself and the commercial interests of entities involved.

I ask to re-examine the e-mails in questions to see whether a wider disclosure is possible. For one, I note that one partially redacted sentence starts with "In general he claims that..." It sounds like the following statement is of a general nature. Could the ECB clarify how its disclosure would actually and specifically undermines the protection of the exceptions cited by the reply?

Also, I ask to de-redact the personal data contained in the e-mails. I note that the ECB has acknowledged the involvement of Alfred Gusenbauer and Helmut Ettl. Therefore clearly their names and e-mail addresses can be disclosed. Moreover, I ask to disclose who the information was passed on to within the ECB. I regard this disclosure as necessary to facilitate the public understanding of who in the ECB was informed about Mr. Gusenbauers arguments, and whether said information could have had any influence on ongoing regulatory actions. Furthermore, disclosing the names of all the people involved makes it possible for the public to examine any possible conflicts of interest.

Furthermore, I would like to argue for an overriding public interest in disclosure of the documents in question. The insolvency of large parts of the Signa conglomerate have generated significant public interest, and led to criminal investigations in Germany and Austria. The role of Alfred Gusenbauer, in particular, has been a subject of public discussion. An inquiry in the Austrian parliament has demanded access to the e-mail sent by Gusenbauer to Ettl, according to press reports [1]. I argue that transparency and full disclosure of the e-mails in question is a matter of ensuring to the public that all compliance rules were respected, in particular rules around conflict of interest. Failure to disclose the e-mails in question could give rise to doubts about the ECB's transparency in this matter.

Kind regards,

Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Belgium

[1] https://www.profil.at/investigativ/signa...

Access to documents,

Dear Mr Fanta,
The European Central Bank (ECB) confirms receipt, on 19 August 2024, of
your confirmatory application for access to documents.
Your request has been registered and a reply will be provided to you in
line with Article 8 of [1]Decision ECB/2004/3 of the European Central
Bank.
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[2][email address]
 
 
Privacy notice: By submitting a request for access to documents, the ECB
collects information about you for the sole purpose of processing your
request in accordance with [3]Decision ECB/2004/3. All personal data are
processed in accordance with EU Data Protection Law ([4]Regulation (EU)
2018/1725 of the European Parliament and of the Council). The ECB is the
controller for the processing of the personal data. The recipients of the
data will be the ECB’s Compliance and Governance Office and, only when
necessary, other institutions within the European System of Central Banks,
the Single Supervisory Mechanism, or EU institutions.
You have the right to restrict processing and to access, rectify and under
certain conditions to request deletion of your stored personal data. You
can exercise your rights by contacting the ECB's Compliance and Governance
Office ([5][email address]) or the ECB’s Data Protection
Officer ([6][email address]).Furthermore, you have the right to address
the European Data Protection Supervisor ([7]www.edps.europa.eu) any time
regarding this processing of your personal data.
 
 

show quoted sections

Access to documents,

Dear Mr Fanta,
We refer to your confirmatory application of 19 August 2024, for access to
European Central Bank (ECB) documents.
We regret to inform you that, owing to the increased workload created by a
high number of simultaneous requests for access to documents, and in
accordance with article 8.2 of this Decision, the ECB has decided to
extend the time-limit for responding to your application by 20 working
days.
We apologise for the inconvenience this delay may cause.
 
Yours sincerely
Compliance and Governance Office
DG Secretariat
European Central Bank
Sonnemannstrasse 20
60314 Frankfurt am Main
[1][email address]
 
 
 

show quoted sections

Access to documents,

1 Attachment

  • Attachment

    2024 10 15 LS CL 2024 171 Reply to your confirmatory applicattion for public access to ECB documents.pdf

    263K Download View as HTML

Dear Mr Fanta,

 

Please find attached the ECB’s reply to your confirmatory application of
19 August 2024 for access to ECB documents.

 

Yours sincerely,

 

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[1][email address]

 

_____________________________________________
From: Access to documents <[email address]>
Sent: Monday, September 16, 2024 11:28 AM
To: Alexander Fanta <[FOI #14540 email]>
Cc: Access to documents <[email address]>
Subject: Extension of deadline: Internal review of access to documents
request - Exchanges regarding Signa

 

 

Dear Mr Fanta,

We refer to your confirmatory application of 19 August 2024, for access to
European Central Bank (ECB) documents.

We regret to inform you that, owing to the increased workload created by a
high number of simultaneous requests for access to documents, and in
accordance with article 8.2 of this Decision, the ECB has decided to
extend the time-limit for responding to your application by 20 working
days.

We apologise for the inconvenience this delay may cause.

 

Yours sincerely

Compliance and Governance Office

DG Secretariat

European Central Bank

Sonnemannstrasse 20

60314 Frankfurt am Main

[2][email address]

 

 

 

show quoted sections